23-120 Resolution Ordering Repair or Removal of Hazardous Conditions• •. ••�
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A RESOLUTION ORDERING REPAIR OR REMOVAL
OF HAZARDOUS CONDITIONS
WHEREAS, the City staff of the City of Shorewood have attempted without success to have the
occupant of certain property remedy the hazardous and unsafe conditions of the property at 5815
Club Ln, City of Shorewood, County of Hennepin, State of Minnesota 55331, with a legal
description of: Lot 45, Auditor's Subdivision No. 133, Hennepin County, Minnesota, and a Parcel
Identification Number (PID) of: 33-117-23-42-0001("Subject Property"); and
WHEREAS, the City Council has determined that the building on the property constitutes a
hazardous property due to inadequate maintenance that constitutes a fire and safety hazard to
public safety or health within the meaning of Minn. Stat. § 463.15, subd. 3; and
WHEREAS, the City Council has fully considered all evidence relating to the code violations at the
Subject Property. Said evidence is attached hereto as exhibits. The exhibits include the following
documents:
a. Exhibit A: Ownership and Encumbrance report for Subject Property
b. Exhibit B: Photographs of the Subject Property taken by building inspector
(MNSPECT)
C. Exhibit C: Inspection reports from the Subject Property
d. Exhibit D: Building Permit Application and Related Correspondence
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, MAKES THE
FOLLOWING:
3 MOXR
1. The above recitals are incorporated as if fully set forth herein.
2. Jeremy Riedel and Joshua Riedel own the Subject Property. Joshua Riedel occupies
the property. US Bank, N.A., a Minnesota corporation, holds a recorded interest in the property
from a mortgage instrument dated October 18, 2006, recorded as Document No. 8891203 on
November 13, 2006, and transferred on January 27, 2023, recorded as Document No. 11182440
on February 17, 2023. There are currently no other lienholders of record of the Subject Property.
3. The Subject Property contains a single-family home. The Owners constructed an
addition, deck, and other improvements (collectively, the "Addition") adjacent to, over, and
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supported by the original home. The Addition was constructed without proper building permits or
engineering designs, and in violation of a City stop work order.
4. The Addition contains nonstandard and questionable building techniques that require
engineering controls to ensure compliance with the building code and IPMC. The IPMC, § 304.4,
requires that all structural members be capable of safely supporting the imposed loads. IPMC §
304.1.1.2 requires adequate anchoring of structures to the foundation. IPMC § 304.1.1.6 requires
proper foundation systems. IPMC § 305.1.1.2 requires anchoring of interior structural elements.
IPMC § 305.1.1.4 prohibits structural members that cannot support the necessary loads. IPMC
305.1.1.5 requires that all stairs have proper guards and handrails. The roof trusses of the Addition
have rusted hangers and nails, possible improper use of hangers, and uncovered truss eaves, raising
questions about their ability to sustain the required loads. The Addition was also constructed in a
way as to increase loading on the original roof and supporting structure. The necessary analysis to
determine whether the structure can safely support this increased loads has not been completed.
The structural members are not attached using standard construction practices, including improper
use of bracket connections and improperly sized attachments for posts to foundation elements.
There are nonstandard elements, including cantilevers and framing around window and door
openings, that are not adequately supported by engineering analysis to ensure safety. The basement
and garage of the Addition lack proper slabs and contain uncompacted soils. The basement and
foundations of the Addition contain cripple walls that require special engineering or construction
methods, but there is no record of either to ensure the structural stability of the walls. The Addition
contains stairs that lack guards or handrails. These conditions constitute hazards to the public safety
and health and violations of the IPMC.
5. IPMC § 304.1.1.12 requires that all exterior decks contain proper guards and handrails
and are properly anchored with connections capable of supporting the necessary loads. The
Addition lacks guards or handrails. The Addition contains a deck/porch that is supported by a beam
resting freely on the previously existing porch's step with no means of attachment. These conditions
constitute a hazard to the public safety or health and violations of the IPMC.
6. IPMC § 304.4 requires that all structural members be maintained free from
deterioration. IPMC § 304.5—.6 require that exterior walls and roofs provide adequate protection
from the elements. The Addition contains potential moisture damage throughout. This can be
observed as swelling, sagging, and staining on wood members, and rust and corrosion on metal
hangers and components, throughout the Addition. The roof of the Addition contains unblocked
truss eaves that do not provide adequate protection from the elements. These conditions
constitute a hazard to the public safety or health and violations of the IPMC.
DECISION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, based upon the information received and the above Findings, the following:
1. The Subject Property contains violations of City Code and the 2012 International
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Property Maintenance Code (IPMC). See also City Code § 1004.04, subd. 1(adopting the
IPMC by reference within the City).
The Subject Property, which is located in Shorewood, Hennepin County, constitutes a
health and safety hazard within the meaning of Minnesota Chapter 463. Specifically, the
Subject Property contains conditions and improper construction that constitute a fire
hazard and a hazard to public safety or health. Minn. Stat. § 463.15, subd. 3.
3. Consistent with the professional opinion of the City's engineering consultants, the above
conditions cannot be practically remedied, and that the Addition must be removed and
the original house reinspected to insure continued safety and compliance with building
code and the IPMC.
4. Pursuant to Minnesota Statutes § 463.16 et seq., the City hereby adopts and approves
the Order for Repair and Removal of Hazardous Conditions attached hereto as Exhibit E.
5. The City's legal counsel, Campbell Knutson, P.A., 860 Blue Gentian Road, Suite 290,
Eagan, Minnesota 55121, is directed to serve the Order for Repair and Removal of
Hazardous Conditions and to proceed with enforcement in accordance with Minn. Stat.
§ 463.15 et seq.
ADOPTED by the City Council of Shorewood, Minnesota this 27th day of November, 2023,
by the City Council of the City of Shorewood, Minnesota.
CITY OF SHOREWOOD
Je fifer badie, Mayor
A est:
Sandie Thone, City Clerk
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